Single judge disposed of a writ petition filed regarding encumbrance created due to assessment. Court directed the Assistant Commissioner to redo the assessment within 16 weeks following a prior Division Bench order.
Direct One respondent to pass orders of assessment de novo within sixteen weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.11067 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2023
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.11067 of 2023
M/s.Kothari Industrial Corporation Ltd., Rep. by its Managing Director, Kothari Building, Door No.114, Nungambakkam High Road, Chennai - 600 034.
.. Petitioner
vs
Chennai - 600 019.
.. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the first respondent to remove the encumbrance of the petitioner's immovable property created in the reference by the Assistant Commissioner (CT) Rc.No.853/200/A3 dated 20.03.2009 situated in Survey No.241/1A1, in Kathivakkam Village Chennai within the jurisdiction of the second respondent and registered as document No.1/2009 by him on 20.03.2009.
| For Petitioner | : | Mr.R.L.Ramani, Senior Counsel for Mr.B.Raveendran |
|---|---|---|
| For Respondents | : | Mr.E.Ranganayaki, Additional Government Pleader for R1 Mr.Murali, Government Advocate for R2 |
1/4
W.P.No.11067 of 2023
ORDER
The prayer of the petitioner is for a mandamus directing the first respondent to remove the encumbrance upon the petitioner's property in Survey No.241/1A1, in Kathivakkam Village Chennai which has been registered on 20.03.2009 and which came to the knowledge of the petitioner, according to it, just recently.
W.P.No.11067 of 2023
directed. Since the matters are listed for admission today, Mrs. Ranganayaki, learned Government Advocate, does not have instructions as on hand on this specific point.
5. Thus R1 is directed to give effect to the directions of
Division Bench in paragraph 9 order dated 19.03.2021 and pass orders of assessment de novo within a period of sixteen weeks from date of receipt of a copy of this order. This time frame must be scrupulously adhered to by the authorities seeing as the years in question are 1990 – 1991 and 1991 – 1992 and the matters have been hanging since 2005. The petitioner shall appear before the authority on 20.04.2023 at 10.30 a.m. without anticipating any further notice in this regard. Needless to say, the fate of the impugned attachment will be subject to orders to be passed by the assessing authority as directed above.
6. Writ petition stand disposed. No costs.
11.04.2023
Index:Yes/No Neutral Citation:Yes ssm
3/4
W.P.No.11067 of 2023
DR. ANITA SUMANTH,J.
ssm
To:
W.P.No.11067 of 2023
11.04.2023
4/4
1 issue framed by the court
Whether the Assistant Commissioner (CT) is directed to pass orders of assessment de novo within a specified period.
1 provisions across 1 enactments
M/s. Kothari Industrial Corporation Ltd.
The Assistant Commissioner (CT) Nungambakkam Assessment Circle
The Sub-Registrar, Thiruvottiyur
Dr. Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
